Agenda - 06-16-1987 - Laserfiche WebLink

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Position 5 USDA -FHA Form FHA 442 -22 OPINION OF COUNSEL RELATIVE TO RIGHTS --OF --WAY (Rev. 5- 15 -72) Date June 16, +' Dear Sir; I have reviewed the action taken by Orangg County . North Carolina (hereinafter called the "Corporation ") in obtaining a right -of -way for the construction, operation, and maintenance of the facilities to be installed, repaired, or enlarged with the proceeds of a loan made or insured by, and /or a grant from the Farmers Home Administration to the Corporation. I have examined the right -of -way instruments, permits, or licenses obtained from landowners, public bodies, and public utilities and made such searches of the public records necessary to determine the legal sufficiency of the instruments covered by the "Right -of -way Certificate," executed by the Corporation on June 16 19 -2-7. I also have examined the "Right-of-way Map" to determine whether continuous and adequate land and rights -of -way are owned or have been acquired by the instruments covered in the "Right- of -way Certificate." Based on the foregoing examination, and to the best of my knowledge, information, and belief, I am of the opinion that: A. The legal instruments by which the Corporation has acquired said rights -of -way (a) are in appropriate and due legal form and adequately confer upon the Corporation the necessary rights -of -way for the construction, operation, and maintenance of its facilities in their present or proposed location, and such omissions or defects as may exist will in no substantial way or manner endanger the value or operation of the facilities, and (b) have each been properly recorded in the appropriate public land records of each County in which any of the land affected thereby is situated. Such consents, releases, or subordinations from lienbolders recommended by me or required by the Farmers Home I Administration have been obtained. B. The legal instruments referred to above give unto the Corporation a continuous and adequate right -of -way to permit the construction, operation, and maintenance of the Corporation's facilities except as below noted. C. Exceptions: 1. EaseTent across of property awned by Davan Hol.tr Jr. r a minor. A Copy of an easement docLnent conveying the necessary right-of- way to Orange County is attached hereto and incorporated herein by reference. Davan Holt, Jr. is a minor. His natural father has applied for guardianship and will seek authorization from Orange County Clerk of Court to execute the easement on behalf of Davan Holt, Jr. Davan's father, Davan Holt, Sr., believes it is in the best interest of Davan Holt, Jr. to convey the easement in question to Orange County. Y anticipate the easement will (continued on next Very truly yours, * U.S. G.P.O. 1977- 765 - 006/1640 RFG."6 FHA 442 -22 (Rev. 5- 15 -72)